Ecuador to call on LAN Ecuador to reinstate illegally dismissed trade union leader Ximena López, General Secretary of the Aerolane Workers Trade Union (SITA)

Ecuador to call on LAN Ecuador to reinstate illegally dismissed trade union leader Ximena López, General Secretary of the Aerolane Workers Trade Union (SITA)
http://www.ajot.com/news/ecuador-to-call-on-lan-ecuador-to-reinstate-ill...
By: AJOT | Dec 14 2014 at 04:47 PM | Air Cargo

In a long meeting at the Ministry of Labour, trade union leaders representing workers at LAN Peru, Chile, Argentina, Colombia and Ecuador met Ecuador’s Minister of Labour to seek government mediation in attempts to secure the reinstatement of Ximena López after she was illegally dismissed in October this year. Ecuador’s Minister of Labour declared himself to be “one more soldier in this fight” and agreed to ask the company to comply with the Constitution and reinstate the leader.

Ecuador’s Minister of Labour, Dr Carlos Ernesto Marx, told a delegation of trade union leaders representing workers at LATAM Airlines Group in Peru, Chile, Argentina, Columbia and Ecuador, and Edgar Díaz, Assistant Regional Secretary of the International Transport Workers’ Federation (ITF), that he would speak to LAN Ecuador managers about the reinstatement of , who was arbitrarily and illegally dismissed by the company on 14 October this year.

At a meeting that took place on the top floor of the ministry in Quito, the minister received a delegation of at least 20 union leaders, including Ximena López, representing LAN employees in South America.

The trade union leaders explained their point of view about the company’s anti-trade union action and also pointed out the lack of a collective agreement at the company. This was backed up by Edgar Díaz, representing the ITF’s regional office.

The minister responded by promising, on behalf of the government, to mediate in the dispute and to ask company representatives to respect the union’s right to organise workers at LAN Ecuador. It is therefore hoped that there will be significant progress in the short term regarding the reinstatement of Ximena López and the negotiation of a collective agreement.

International Action

The unfair, discriminatory and sexist dismissal of Ximena López is a key case for trade union leaders throughout the region. They see it as a blatant and unpunished attempt to intimidate union members at the Chilean owned airline, which has a presence throughout Latin America.

Ximena López is a leader of international importance inside the company who, in addition to founding the union that organises LAN workers in Ecuador, is a prominent activist on labour rights, gender equality and in the organisation of the ITF’s LATAM network. Her dismissal triggered international solidarity action, resulting in flight delays, letters and protests at embassies in all the countries where LATAM Airlines operates.

Ximena López said the meeting was positive and raised hopes for her reinstatement. “The minister agreed to support us and to ensure compliance with the Constitution. He said he was one more soldier in this fight and so we are very hopeful that he will put into practice the government’s policy of protecting trade union leaders, especially those representing responsible trade unions. The minister is very supportive of this type of organisation. I am almost sure that there will be a positive response”, said López.

The ITF’s Assistant Regional Secretary agreed with López’s assessment of the meeting and said that the federation will be closely following the case. “The result was very important for the ITF. We succeeded in getting the Minister of Labour to agree to meet LAN’s local management and request the reinstatement of our colleague Ximena López. We think this is an urgent case and there is no doubt that we will continue to give this case the attention it deserves. We will follow events closely and look forward to being informed of the date for the minister’s meeting with LAN managers so we can follow up with our own action”, said Edgar Díaz.

Darío Castillo of the Federation of Trade Unions at the LAN Chile Group (FETHLAN) said there could be a successful outcome but that the unions should continue to keep the pressure up on this case. “We had to work hard to get the minister to agree to meet with LAN. He has never shown himself to be especially interested in the workers’ request. But after union pressure, he agreed to our request to meet LAN and seek the reinstatement of Ximena. We are hopeful, but this also depends to some extent on the unions continuing to put pressure on”, said the Chilean representative.

http://www.cproster.com/#!news/c1q6d
http://www.cproster.com/#!news/c1q6d
ITF, News-Press
Sam Dawson, December 2014

IThe ITF (International Transport Workers’ Federation) has called on the Colombian government to enforce national law and hold the Avianca airline to account over its continued use of fake ‘co-operatives’ as way of ducking its responsibilities to employees. The practice of setting up fake ‘associated work co-operatives’ has become such a problem in Colombia that the government has outlawed them. Despite being named, shamed and fined by the Labour Ministry, Avianca continues to use the tactic – leading to 130 ground staff workers taking industrial action to uphold the law last week. The airline then sacked them.

Despite having their access cards cancelled the workers are holding a sit-in at Bogota’s El Dorado airport. The Ministry of Labour had been investigating Avianca’s use of ‘associative work co-operatives’, but the company dismissed the workers when it was shut for its weekend break.

ITF general secretary Steve Cotton today wrote to the president of Colombia, stating:

We are informed of the actions that the Ministry of Labor of your country has been implementing to require the regularisation of the workers who were subjected to this situation … and we are genuinely shocked by the decision of Avianca, which has decided to use other workers to replace strikers and order the dismissal of the strikers unilaterally and abusively. For your knowledge, at the moment there is a group of workers within the internal area of the airport in terrible conditions, both precarious and inhumane, under plastic covers. Allegedly Avianca, through its subcontracted ‘co-operative’, has made known that whoever comes to give them food or supplies will also be dismissed, thus generating a climate of fear for the other workers who question the rule of law in Colombia. In addition, dozens of workers who are outside of the airport have already been notified of the dismissal and have been barred from entering to meet with their colleagues.

We therefore request your urgent and decisive intervention to ensure that the rights of workers in Avianca hired directly or through ‘associated work co-operatives’ are safeguarded, avoiding redundancies and formalising the employment relationship with Avianca, which is the corporate entity responsible for the employment relationship, and which benefits from their work.
ITF, News-Press
Isabel Cortes, December 2014

Ecuador’s government to call on LAN Ecuador to comply with the Constitution and reinstate illegally dismissed trade union leader

In a long meeting at the Ministry of Labour, trade union leaders representing workers at LAN Peru, Chile, Argentina, Colombia and Ecuador met Ecuador’s Minister of Labour to seek government mediation in attempts to secure the reinstatement of Ximena López after she was illegally dismissed in October this year. Ecuador’s Minister of Labour declared himself to be “one more soldier in this fight” and agreed to ask the company to comply with the Constitution and reinstate the leader.

Ecuador’s Minister of Labour, Dr Carlos Ernesto Marx, told a delegation of trade union leaders representing workers at LATAM Airlines Group in Peru, Chile, Argentina, Columbia and Ecuador, and Edgar Díaz, Assistant Regional Secretary of the International Transport Workers’ Federation (ITF), that he would speak to LAN Ecuador managers about the reinstatement of Ximena López, General Secretary of the Aerolane Workers Trade Union (SITA), who was arbitrarily and illegally dismissed by the company on 14 October this year.

At a meeting that took place on the top floor of the ministry in Quito, the minister received a delegation of at least 20 union leaders, including Ximena López, representing LAN employees in South America.

The trade union leaders explained their point of view about the company’s anti-trade union action and also pointed out the lack of a collective agreement at the company. This was backed up by Edgar Díaz, representing the ITF’s regional office.

The minister responded by promising, on behalf of the government, to mediate in the dispute and to ask company representatives to respect the union’s right to organise workers at LAN Ecuador. It is therefore hoped that there will be significant progress in the short term regarding the reinstatement of Ximena López and the negotiation of a collective agreement.

INTERNATIONAL ACTION
The unfair, discriminatory and sexist dismissal of Ximena López is a key case for trade union leaders throughout the region. They see it as a blatant and unpunished attempt to intimidate union members at the Chilean owned airline, which has a presence throughout Latin America.

Ximena López is a leader of international importance inside the company who, in addition to founding the union that organises LAN workers in Ecuador, is a prominent activist on labour rights, gender equality and in the organisation of the ITF’s LATAM network. Her dismissal triggered international solidarity action, resulting in flight delays, letters and protests at embassies in all the countries where LATAM Airlines operates.

Ximena López said the meeting was positive and raised hopes for her reinstatement. “The minister agreed to support us and to ensure compliance with the Constitution. He said he was one more soldier in this fight and so we are very hopeful that he will put into practice the government’s policy of protecting trade union leaders, especially those representing responsible trade unions. The minister is very supportive of this type of organisation. I am almost sure that there will be a positive response”, said López.

The ITF’s Assistant Regional Secretary agreed with López’s assessment of the meeting and said that the federation will be closely following the case. “The result was very important for the ITF. We succeeded in getting the Minister of Labour to agree to meet LAN’s local management and request the reinstatement of our colleague Ximena López. We think this is an urgent case and there is no doubt that we will continue to give this case the attention it deserves. We will follow events closely and look forward to being informed of the date for the minister’s meeting with LAN managers so we can follow up with our own action”, said Edgar Díaz.

Darío Castillo of the Federation of Trade Unions at the LAN Chile Group (FETHLAN) said there could be a successful outcome but that the unions should continue to keep the pressure up on this case. “We had to work hard to get the minister to agree to meet with LAN. He has never shown himself to be especially interested in the workers’ request. But after union pressure, he agreed to our request to meet LAN and seek the reinstatement of Ximena. We are hopeful, but this also depends to some extent on the unions continuing to put pressure on”, said the Chilean representative.

Minister of Labour: LAN Ecuador’s dismissal of trade union leader is unconstitutional

On leaving a meeting with LAN Ecuador’s manager and legal representative, Max Naranjo, at the transnational company’s offices, arranged to try and resolve the dispute caused by the dismissal of the trade union leader, Jimena López, the Minister of Labour, Carlos Ernesto Marx, said he is convinced that the dismissal violated Ecuador’s Constitution and that, in the light of the company’s refusal to adopt a conciliatory position, legal action should be taken to demand her reinstatement.

After meeting with LAN Ecuador management, the Minister of Labour, Carlos Ernesto Marx, told members of the Aerolane Workers’ Trade Union (SITA) he is convinced that the dismissal of the trade union leader, Jimena López, is unconstitutional. “The dismissal is unconstitutional”, said the minister, indicating frustration at the company’s refusal to adopt a conciliatory stance and reinstate the trade union leader to her job.

Given LAN Ecuador’s refusal to reverse the illegal dismissal, the Minister of Labour said that legal action would be required to re-establish the rights guaranteed to its citizens by the Ecuadorian Constitution.

In the afternoon of Tuesday 16 December, the Minister of Labour, Carlos Ernesto Marx, met LAN Ecuador’s manager and legal representative, Max Naranjo, at the company’s offices in order to ensure “compliance with the Constitution” and to mediate between the company and the workers, who have been taking action in the country and elsewhere in Latin America since 10 October, to demand the reinstatement of trade union leader, Jimena López. The unions claimed the dismissal was illegal and designed to prevent the union from organising in the company.